RELATES TO:
KRS
150.025(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.620 authorizes the department to
promulgate administrative regulations for the maintenance and operation of the
lands it has acquired for public recreation. This administrative regulation
establishes the approval process for the construction of commercial boat docks,
concession stands, and boat rental facilities on lakes and shoreline owned or
controlled by the department.
Section
1. Written Request, Public Notice, and Public Hearings.
(1) The following activities shall be
prohibited on - department-owned or - controlled lakes and shorelines without
prior written approval from the department:
(a) Construction and operation of a
commercial boat dock;
(b)
Construction and operation of a concession stand; and
(c) Boat rental.
(2) A person, firm, or corporation may submit
to the department, in writing, a request to conduct the activities specified in
subsection (1) of this section.
(3)
Upon receipt of a written request, the department shall:
(a) Provide notice to the general public of
the request;
(b) Provide written
notice to all known adjacent property owners on the lake for which the request
was made; and
(c) Hold a public
hearing at a time most convenient to the public and at a location within ten
(10) miles of the boundary of the lake so that the public may make comments
about the proposed commercial request.
(4) The notices specified in subsection (3)
of this section shall include:
(a) At least a
thirty (30) day written comment period; and
(b) The date of the next scheduled quarterly
meeting involving the Fish and Wildlife Commission when the commercial request
will be considered.
Section 2. Department Review and Approval.
(1) The department shall:
(a) Review and consider all written and
verbal comments received from the public;
(b) Provide to the Fish and Wildlife
Commission:
1. All written comments received
and a synopsis of all verbal comments received; and
2. A recommendation on the final decision
that is based on the following criteria:
a.
Public need for the facility;
b.
Public support for the facility;
c.
If there is an existing facility of the same or similar type on the
lake;
d. If there is a suitable
location on the lake for the requested facility; and
e. The prior experience of the
petitioner.
(2) The commission shall:
(a) Review and consider all comments
received;
(b) Consider the written
recommendations of the department; and
(c) Approve or deny the application based on
the information provided in paragraphs (a) and (b) of this
subsection.
(3) If one
(1) or more of the activities specified in Section 1 of this administrative
regulation are approved by the Fish and Wildlife Commission, a person, firm, or
corporation shall not begin construction or operation of a commercial boat
dock, concession stand, or boat rental business until possessing a signed
agreement from the commissioner of the department.
